ICJ: Israeli occupation of Palestinian territories unlawful and must end ‘as rapidly as possible’
Israel is unlawfully occupying the Palestinian territories of the West Bank, Gaza and East Jerusalem and is obliged under international law to withdraw its forces and dismantle its settlements as rapidly as possible, the International Court of Justice (ICJ) has ruled.
The UN’s top court issued its landmark advisory opinion on Friday following a 2022 request from UN General Assembly and an 18-month process which heard submissions from more than 50 states.
It is the ICJ’s first ruling on the Israeli-Palestinian conflict since 2004, when it held that Israel’s controversial construction of a separation wall in the West Bank was in violation of international law — which Israel continues to deny.
The court held by a majority of 11-4 that Israel’s “continued presence in the occupied Palestinian territory is unlawful” and that Israel “is under an obligation to bring to an end its unlawful presence… as rapidly as possible”.
A larger majority of 14-1 agreed that Israel is obliged “to cease immediately all new settlement activities, and to evacuate all settlers from the occupied Palestinian territory” as well as to pay reparations to the Palestinians affected.
Israel’s policies and practices in East Jerusalem and the West Bank are aimed at acquiring sovereignty over an occupied territory, contrary to the prohibition of the use of force in international relations and the principle of the non-acquisition of territory by force, the ICJ said.
The court added that Israel’s security concerns cannot override the principle of the prohibition of the acquisition of territory by force.
It also found that the regime of comprehensive restrictions imposed by Israel on Palestinians in the occupied territories constitutes “systemic discrimination”.
Israel’s unlawful policies and practices are in breach of its obligation to respect the right of the Palestinian people to self-determination, it said.